Audit of the Devens Enterprise Commission Overview of Audited Entity

This section describes the makeup and responsibilities of the Devens Enterprise Commission.

Overview

The Devens Enterprise Commission (DEC) was created by Chapter 498 of the Acts of 1993 and is the local regulatory and permit-granting authority for Devens, which includes areas of Ayer, Harvard, and Shirley.

DEC is administered by 12 commissioners who are appointed by the Governor, 6 of whom are nominated by the select boards from the towns of Ayer, Harvard, and Shirley (2 commissioners from each town). Chapter 498 of the Acts of 1993 also allows for a total of four associate commissioners to be appointed by the Governor—one nominated by the Governor and three nominated by the select boards of the three towns. Section 9 of Chapter 498 of the Acts of 1993 states that all the commissioners “shall have proven expertise in one or more of the following areas: industrial development, housing, finance, business, real estate, environment, planning, transportation or municipal government.”

Devens was created to help provide an orderly and expeditious conversion and development of approximately 4,400 acres that were a portion of a former federal military base, Fort Devens,¹ into a nonmilitary-use area. According to the Devens Reuse Plan,

[Chapter 498 of the Acts of 1993] provides for $200 million in bonding capacity to fund the redevelopment effort, which is geared to creation of jobs and the protection of the towns from fiscal impacts that might occur if responsibility for the maintenance and redevelopment of Devens were returned immediately to the towns.

Additionally, according to DEC’s independent auditors’ Report on Examination of Financial Statements, DEC reported the following revenue and expenses for fiscal years 2022 and 2023.

DEC Revenue

Revenues	Fiscal Year 2022	Fiscal Year 2023
Permits and Other Fees	$   956,909	$ 2,102,441*
Taxes**	199,115	225,525
Operating Grants	53,768	27,036
Intergovernmental Grants	4,200	—
Miscellaneous	3,235	140
Investment Income	3,057	52,208
Total	$ 1,220,284	$ 2,407,350

*      Permits and other fees increased significantly in fiscal year 2023 because many projects were slowed or put on hold in previous years due to the COVID-19 pandemic.

**    Chapter 498 of the Acts of 1993 grants MassDevelopment the authority to assess and collect property taxes within Devens. Two percent of the tax collected by MassDevelopment is turned over to DEC to fund its operations.

DEC Expenses

Expenses	Fiscal Year 2022	Fiscal Year 2023
Personnel	$ 343,916	$ 454,593
Nonpersonnel	585,883	512,998
Depreciation	1,305	1,207
Total	$ 931,104	$ 968,798

Affordable Housing

Chapter 498 of the Acts of 1993 made the Massachusetts Government Land Bank (now MassDevelopment) exclusively responsible for acquisition, control, maintenance, and redevelopment of Devens. To provide for orderly development, a long-term (20- to 40-year) reuse plan and zoning bylaws² were developed by the Massachusetts Government Land Bank and the towns of Ayer, Harvard, and Shirley in November 1994. The reuse plan and zoning bylaws provided development goals and planned uses of the property and were passed at town meetings in the three towns, as required by Chapter 498 of the Acts of 1993. According to the Devens Reuse Plan,

The Devens Reuse Plan provides a comprehensive framework and strategy to reuse the buildings, infrastructure, land and open space to produce jobs and environmental protection in the Devens Regional Enterprise Zone. The focus of the Reuse Plan is to capitalize on the unique attributes of Fort Devens to attract new businesses and to support existing industry clusters in the region. The scale of Devens and the magnitude of the challenge requires a long-term vision for the reuse, and a pragmatic, flexible Reuse Plan that can respond to the changes that may occur over the 20–40 year time frame to implement the Reuse Plan. . . .

In order to accommodate the needs of a broad range of income groups, and to ensure the stability of the residential core, approximately twenty-five [percent] (25%) of the 282 units to be reused or constructed under the Reuse Plan will be reserved for low and moderate income individuals or families, and/or special needs populations. It is recognized that the success of the residential reuse is dependent on a balance between market rate and the affordable/special needs populations.

The reuse plan allows for a maximum of 282 units to be reused or constructed under the reuse plan. As of May 1, 2024,³ there were 198 housing units constructed and occupied. Additionally, plans were in place to reuse or construct 72 more housing units, for a total of 270 units.

According to Section 5.01(4)(c) of Title 974 of the Code of Massachusetts Regulations (CMR),

“Low-income” shall mean 80% or less of Median Income. “Moderate-income” shall mean 120% or less of Median Income. Median Income shall mean the median income of the Boston Metropolitan Statistical Area, as determined by the U.S. Department of Housing and Urban Development.

DEC has worked with MassDevelopment and the towns of Ayer, Harvard, and Shirley to provide Devens with additional housing to be reused or constructed under the reuse plan. As of May 1, 2024, occupied housing developed under the reuse plan was as follows:

Project	Total Number of Occupied Housing Units	Number of Market Rate Housing Units	Number of Low-Income Housing Units	Number of Moderate-Income Housing Units	Percentage of Affordable Housing Units*
Harvard Portion of Devens	75	62	13	0	17.3%
Ayer Portion of Devens	31	20	11	0	35.5%
Veterans Inc.**	14	0	14	0	100.0%
Energy–Efficient Single Homes–Harvard	8	8	0	0	0.0%
Energy–Efficient Townhomes–Harvard	12	12	0	0	0.0%
Grant Road Project–Harvard†	58	52	0	6	10.3%
Total Residential Units	198	154	38	6	22.2%

*      Affordable housing units comprise low-income and moderate-income units.

**    Seven of these units are in Harvard, and the other seven are in Ayer.

†      As of May 1, 2024, 72 additional units were planned for Grant Road, 24 of which were to be affordable.

Devens, through DEC and MassDevelopment, is part of the Assabet Regional Housing Consortium, a local community housing consortium. This consortium includes Devens, as well as the towns of Bolton, Boxborough, Harvard, Hudson, Lancaster, Littleton, and Stow. On July 1, 2020, the Assabet Regional Housing Consortium contracted with the Metro West Collaborative Development (MCD)⁴ to help share the services and costs of a regional affordable housing coordinator and to help the consortium comply with affordable housing requirements.

Public Health Inspections

Section 22 of Chapter 498 of the Acts of 1993 established DEC’s responsibilities regarding public health inspections for Devens. Specifically, it states, “The Commission shall have the right to establish a department or contract for services for inspections relating to public health and safety and inspection services.”

At DEC, public health inspections fall into five main categories: food safety, beach water quality, sewage, hazardous material spillage, and stormwater runoff. DEC has an agreement with the Nashoba Associated Boards of Health (NABH) to manage food safety and beach water quality throughout Devens. As part of its responsibilities for food safety, NABH performs inspections of food service establishments in Devens and sends copies of these inspections to DEC. Regarding beach water quality, NABH performs inspections for clarity, temperature, wave intensity, days since last rain, and potential sources of pollution. NABH sends water samples to a local laboratory for E. coli level analysis. NABH provides DEC with copies of the inspections and the E. coli level analysis.

DEC requires any company that plans to dispose of sewage at the Devens Wastewater Treatment Plant to apply for and obtain a permit annually. Before granting a permit, DEC inspects haulage trucks to ensure that (1) there are no visible signs of leakage from the tank, pumps, seal, or engine; (2) the spill kit (which consists of absorbent material and a bucket) is on hand; and (3) the fire extinguisher is fully charged. During the audit period, DEC granted 20 permits to nine companies.

Hazardous materials, including, but not limited to, fuel oil, liquid petroleum, and vegetable oil, are managed through both the initial permitting process and during business operations. During the initial permitting process, DEC is responsible, along with the Devens public safety officer,⁵ for ensuring that the business owner and/or contractor considers proper storage of hazardous materials. DEC does not issue or renew occupancy permits until the Devens safety officer has inspected hazardous materials storage and handling. As part of business operations, the Devens Public Safety Officer is responsible for performing periodic inspections.

DEC requires stormwater-runoff monitoring during both construction and business operations. DEC is responsible for inspections during construction, and the organizations occupying the building are responsible for inspections after construction. The organizations are required to provide DEC with a copy of their annual self-inspections.

Temporary Emergency Shelter

On November 22, 2022, the Office of the Governor announced plans for a temporary emergency shelter at the Bob Eisengrein Community Center in Devens. This was in response to increased demand on the Commonwealth’s emergency assistance shelter system. The state agencies involved with this temporary shelter included the Massachusetts Emergency Management Agency (MEMA), the Department of Housing and Community Development (DHCD),⁶ MassDevelopment, the Executive Office of Health and Human Services, the Executive Office of Public Safety and Security, the Department of Public Health, the Department of Mental Health, and the Department of Elementary and Secondary Education. MEMA and DHCD⁷ were responsible for managing this temporary shelter and its operations. According to “DHCD’s FAQ: The Commonwealth’s Emergency Assistance Intake Centers at Devens,”

MEMA will equip the Devens Community Center for this unique mission. Dedicated spaces include:

• The Multi-Agency Resource Center which contains meeting rooms with tables, chairs, and computers for housing and human service organizations providing case management, information, and registration for applicable services.
• Private space to facilitate necessary health and mental health assessments and services.
• The temporary family shelter to meet the basic safe shelter needs of approximately 60 families (125 individuals maximum).

DEC was not responsible for the operation of the shelter. However, in order for MEMA to use the Bob Eisengrein Community Center, DEC’s director/land use administrator issued a Temporary Emergency Use Certificate of Occupancy to ensure compliance with 974 CMR and the ninth edition of the State Building Code 780 CMR. This certificate was issued for a maximum of 180 days and included the following nine conditions:

1. The temporary emergency use certificate of occupancy, along with this letter, shall be conspicuously posted at the main entrance to the emergency in-take shelter.
2. A ledger shall be maintained within the space known as the Main Entrance containing an accurate number of guests, workers and volunteers on a nightly basis, and in addition the name and contact number of the Responsible Party on a nightly basis. Access to the ledger shall be available to inspectors/public safety officials upon request.
3. At time of activation, the head of the fire department shall be provided with a plan for assignment of personnel responsible for oversight of evacuation and the identification of the preferred and any alternative person responsible for reporting fires and other emergencies to the fire department.
4. The party responsible for the operation of the temporary shelter shall provide written notification to the Building Commissioner and Fire Chief at least 24 hours in advance of commencement of operation and within 24 hours after use of the emergency in-take shelter has ceased.
5. As this is a state-run emergency operation, the Massachusetts Emergency Management Agency, Department of Housing and Community Development, and MassDevelopment (landowner) shall be responsible for daily operations and inspections to ensure all public health and safety requirements are being met. Access to the temporary intake shelter for the purposes of ensuring compliance with 780 CMR- Ninth Edition, shall be granted upon request by the building commissioner, fire chief, Devens Enterprise Commission staff (board of health or its designee).
6. Any food services providers must be licensed through the state and/or Nashoba Associated Boards of Health. Mobile food trucks operating in Devens must be permitted through the Nashoba Associated Boards of Health.
7. The shower trailers associated with this use are temporary in nature and shall be removed no later than June 7, 2023. Any damage to the pavement or lawn areas shall be repaired. No tree removal is authorized as part of this approval.
8. Copies of any Memorandums of Understanding and/or Inter-Agency Services Agreements between MassDevelopment and DHCD or MEMA, shall be provided to DEC.
9. This approval also includes the temporary exterior improvements as shown on the 100 Sherman aerial/site plan file entitled: Exterior Setup for Devens.jpg, submitted . . . on 12/7/22. All temporary outdoor uses shall be located so as to minimize any potential nuisance conditions to nearby residents.

1.    Section 2 of Chapter 498 of the Acts of 1993 defines Fort Devens as “the lands, including all easements, reservations and rights appurtenant thereto, and all buildings, structures, utilities and improvements located thereon comprising all or portion of the military base of that name presently located in the towns of Ayer, Harvard, Lancaster and Shirley and within the ownership, control and jurisdiction of the United States government.”

2.    According to the Devens zoning bylaws, “As provided in [Chapter 498 of the Acts of 1993], the By-Laws furnish the legal foundation and procedural structure for the implementation of the planning and reuse goals and objectives set forth in the Reuse Plan.”

3.   DEC did not have a housing unit inventory available as of the end of the audit period; however, there were no affordable units created, sold, or unoccupied during the audit period.

4.    For this contract, the Assabet Regional Housing Consortium is represented by the town of Hudson because Hudson is the lead community in the consortium.

5.    The Devens public safety officer is also the Devens fire chief.

6.    DHCD became the Executive Office of Housing and Livable Communities in 2023.

7.    DHCD managed the shelter through Making Opportunities Count, a contracted shelter provider.

 

Date published:	June 16, 2025